Avenfield verdict: Hussain and Hassan declared absconders

Accountability court issues non-bailable perpetual warrants of arrest against them

ISLAMABAD: The accountability court has declared the former Prime Minister Nawaz Sharif’s sons – Hussain Nawaz and Hassan Nawaz – to be proclaimed offenders and ordered the issuance of non-bailable perpetual warrants of arrest against them.

In the landmark judgment, the court noted that the accused Hussain, Hassan and Maryam statedly were not financially sound during the years 1993, 1995 and 1996, when the flats were purchased through offshore companies, the beneficial owner of which was Maryam.

“Hence, accused [Nawaz Sharif] is also responsible to account for properties in name of his son/daughter during their tender ages. It is also in evidence that [Nawaz Sharif] and his father [Mian Sharif] used to reside in the said apartment,” the judgment read.

The judgment revealed that Hassan and Maryam had admitted that Avenfield Apartments are in possession of Hassain Nawaz since 2006, adding that the apartments are in the name of two offshore companies.



In addition, the order read, it is alleged that their bearer shares were received from a member of the Qatari royal family, however, when those apartments were attached in the case of Hudaybia Paper Mills, Mian Muhammad Sharif, Shahbaz Sharif and Abbas Sharif were the defendants.

“Hussain Nawaz and Maryam Nawaz were directors of Hudaybia Paper Mills while Hassan Nawaz was shareholder,” Judge Bashir stated, adding that there is no evidence to the effect that members of Qatari Royal family had filed any objection against that order of attachment of Avenfield Apartments passed by the Queen’s bench in the year 1999.

In an interview of Hassan Nawaz in the BBC News programme Hard Talk in 1999, the judgment further said, he stated that he was living in Park Lane flats on quarterly rent with funds received from Pakistan. He had said that he did not know who owns the flats, the order added.

Judge Bashir said that Maryam in another TV interview said that she did not own any property in Pakistan or in Central London. Hussain Nawaz said on while explaining the means for purchase of Avenfield flats did not mention about any investment with the Al-Thani family and purchase of the properties from proceeds of any such investment.



However, the order read, he had stated that Park Lane apartments were purchased from the sale proceeds of a factory in the UK. Also, Hussain Nawaz in the Express News program Kal Tak with Javed Chaudhry stated that the Park Lane apartments were owned by him as the offshore company Nielson and Nescoll holds them and he is the beneficial owner of these offshore companies.

“Prosecution has succeeded to establish the possession of accused on the Avenfield Apartment even during the nineties and admittedly they are in possession at present,” the judge held in the judgment.

The court has also stated that in a CMA, it is stated that bearer share certificates of the offshore companies which owned the apartments were transferred from representative of Qatari royal to the representative of Hussain Nawaz, but no receipt or documents for handing over these bearer shares of two companies and assets worth $8 million was provided to JIT to support the claim.

Previously, the court had issued directions for separating trial of Hassan and Hussain after they failed to appear before the court despite repeated court orders to face the references of the National Accountability Bureau (NAB) in line with the Supreme Court’s direction in the Panama Papers case.

Earlier, while separating the trial of Hassan and Hussain from others and declaring them as absconders, the court had ordered to initiate proceedings against them under section 87 (proclamation for person absconding) of the Criminal Procedure Code.

In the proclamation order, Judge Bashir had noted that the suspects allegedly committed offences under section 9 (a) and (xii) of the NAB Ordinance, which are punishable under section 10 of the NAB ordinance and schedule thereto.

The court order had noted that the suspects have “absconded” or “concealed” themselves to avoid execution of warrants of arrest, adding that they were required to appear before the court to answer the references filed against them within 30 days starting from October 11, 2017.

Otherwise, the order read, they will be declared proclaimed offenders. It added that “property belonging to the accused is also going to be attached under Section 88 CrPC at any stage after this proclamation.”